to legalbegal my wifes status

[geo44]

I petitioned my wife as a fiance.we got married & applied
in 1997 for her upgrade,but in the fresno CA. area there is a huge back log & she finaly had her interview february 20
2001 the day after the interview she moved out telling me that she was movibg in with her lover boyfriend. I dont know if the interview was for the canditional card or the preminet card.I wrote rhe interviewer & with drew my suport
for her card.every time I callINS I get conflicting answers
can she be denied her green card.does the fact that she has been working & living here for three years make a diference. goe44

 

[LegalBeagle]

I petitioned my wife as a fiance.we got married & applied
in 1997 for her upgrade,but in the fresno CA. area there is a huge back log & she finaly had her interview february 20
2001 the day after the interview she moved out telling me that she was movibg in with her lover boyfriend. I dont know if the interview was for the canditional card or the preminet card.I wrote rhe interviewer & with drew my suport
for her card.every time I callINS I get conflicting answers
can she be denied her green card.does the fact that she has been working & living here for three years make a diference. goe44

She probably only got the conditional card. However, write to the INS again and clearly state that she walked out the day AFTER the interview to move in with an exisiting boyfriend. Clearly state that you believe that fraud has taken place.

Also, file for divorce or legal seperation asap. If you have any of her INS records or files then kept them. If she has not put a redirect on her mail, then you will get her card in the mail soon.

That is all you can really do.. the INS will do the rest.

 

[geo44]

to legalbegal

Yeah I already informed ins that i wanted to with drwa my
suport for her card & I told them why.I checked & she has
not changed her mailing address.I aso filed for a devorce & she has recieved it.My thinking is Ins will wounder why
I filed for the devorce rather than her if she is accusing me of mentel stress as a reason for living me.I recieved
a notice from ins telling her to come in for another interview,but it was at a diffent address in Fresno. I mailed it back telling them that she no longer kived with me & why. she has missed that appointment.do you yhink I'am on the right course??she's paying a lawyer $3,000 but I
dont think he's doing a good job for her since what I have read on the ins web page the only exceptions are abandonment or extereme curlity. not mental stress.also what about the good faith clause can she claim that & get
her conditional card??
thanks geo44

 

[LegalBeagle]

Re: to legalbegal

Yeah I already informed ins that i wanted to with drwa my
suport for her card & I told them why.I checked & she has
not changed her mailing address.I aso filed for a devorce & she has recieved it.My thinking is Ins will wounder why
I filed for the devorce rather than her if she is accusing me of mentel stress as a reason for living me.I recieved
a notice from ins telling her to come in for another interview,but it was at a diffent address in Fresno. I mailed it back telling them that she no longer kived with me & why. she has missed that appointment.do you yhink I'am on the right course??she's paying a lawyer $3,000 but I
dont think he's doing a good job for her since what I have read on the ins web page the only exceptions are abandonment or extereme curlity. not mental stress.also what about the good faith clause can she claim that & get
her conditional card??
thanks geo44

If they wrote back and wanted her in for another interview then she is in trouble. Her only way out would be to claim you have abused her.. BUT, she left the day after the interview so this would seriously work against her.

Best thing to do is concentrate on the divorce. You have done all you need to so as to protect yourself.

Good luck!

 

[geo44]

reply to eaglebegal you'er ritght

yes I think you'er right my friend says that my wife gave
the devorce papers to her immigration lawter that heis all
so handles devorce & he plans to take the devorce case to court. why & for what I dont know it seems to me that INS
will wounder if her life with me was so mentaly dtressful
why did'nt she file for devorce rather than me I think
she made a big mistake & so is her lawyer.the last letter she got the box was checked interwiew not finger printing
as what INS told me when I called their 1-800 # thanks
for your advice. Geo44

 

[jayke4]

marriage fraud

Geo44 - I think that we exchanged some notes here or elswwhere a few weeks ago re. the recognition of fraud late in the marriage, but it looks like more has happened since if my recollection of an exchange is right.

A few questions, because I'm trying to see how INS responds to other people:

You were married in 1997? (I was married in MAY 97.) Did your wife get conditional residency right away, or did she have to wait for some time? (Mine got it immediately after we were married.) In your case, did your wife get conditions on residency removed, or is that where you are not sure? I.e., did she file a form "I-751"? (I wasn't sure, she wouldn't tell me, I eventually found that she had this removed without my involvement.)

Importantly, were you accused of abuse somewhere along the way? Your answer here suggests that you might have been. (My wife made a bogus 911 call in DEC 99, and at the time I was shocked and couldn't figure out why she would do this. The police didn't believe her story and told her so.)

In "take the case to court", are you saying that her attorney seems to want to drag this out? (In my case, this seems to be a never ending divorce with mindless, pointless delays, and I cannot figure out why.)

How cooperative/helpful has the INS been in your case? (They could not find my wife's records, but have pretty much told me that if I discovered that I was scammed *after* she obtained permanent residency, then she is "home free" no matter how residency was obtained.)

Any similarities or differences between us? News on what the INS might actually be doing in your case?

 

[geo44]

reply to jayke4

Jayke4
I petitioned my whife as a fiance the INS in Fresno has
a huge back log so no she has never gotten a conditional
card I believe that is what the first interwiew was for.
my wife thought it was for the perminit card thats why
she left me.when she did that I wrote INS requesting that
my suport for her card be removed & why that I believe
stopped the processing & thats when she hired a lawyer.
a month & a half later she recieved a letter for another
interview,which I returned to INS Once again telling them
she did not live with me any more & why she left.I believe
that she is now dead in the water sort of speek. she has
no knowlege of the second notice for an interview and she
missed it by two weeks.I can not figure out why her lawyer
would want to take the devorce to court. it sems to me if
she is telling INS that she moved out because I caused her
mental stress that INS will wounder why she did not file
for the devorce rather than me & on what grounds is her
lawyer going to contest the devorce that' a mistery to
me.In you case I dont see how your wife could have goten
the condition removed with out you being with her because
with my ex wife I had to be with her when we got the
condition removed.IN my case with my present wife the INS
told me that if she had recieved her perminit card before
I with drew my suport there was nothing they could do even
if she had comited fraud. that is is extremely dificult to
get it back.I"am not a lawyer but it seems to me that you
could file charges of forgery in a criminal court.why
dont you check on that.Any ways my wife has'nt ever had
a conditional card & most likely will never get one.let
alone a perminet one. she'll be here iligaly OF course her
lawyer will apeal but I have to be there for any hearing
& I can dispute any thing she says.I hope I answered your
question. Geo44